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Agnew v. Shaw

1/28/2005

965, 967 (2002) (Frye motion presented as motion in limine). We agree with the courts in Petre and Taylor that Frye objections are properly raised in motions in limine. See Petre, 331 Ill. App. 3d at 945; Taylor, 335 Ill. App. 3d at 967. We find that the trial court's ruling was not arbitrary or unreasonable and did not involve the application of impermissible legal criteria. Therefore, we find that the trial court did not abuse its discretion or deny the plaintiff a fair trial when it permitted the defendants to raise a Frye objection in a motion in limine, or when it struck the plaintiff's expert's backward extrapolation testimony.


Based upon the foregoing, the jury verdict in favor of the defendants is affirmed.


Affirmed.


O'BRIEN, J., and GALLAGHER, J., concur.




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